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HomeMy WebLinkAbout1976-10-27 1 1 1 :89 Bozeman, Montana 27 October 1976 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 27 October 1976, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, Commissioner Taylor, City Manager Fryslie, Assistant City Manager Wolf, City Attorney Berg, and the Acting Clerk. Commissioner Sedivy opened the meeting with an appropriate prayer in wishing Harold Frys1ie success in his new vocation, and the following proceedings were had. Minutes of the regular meeting held on Wednesday, 20 October 1976, were approved as read. Consideration of Bids - Sewer Rehabilitation Project A letter from Mr. James Cummings of Thomas, Dean & Hoskins Inc., the City's engineering consultants, was presented recommended that the intent of award be amde to C. W. Schmidt, based on their low bid of $27,991.00. The letter further stated that this intent of award is subject to the contractor success- fully completing the contractual documents and intent of award approval by EPA. The City Manager concurred with the above recommendation, and it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the intent of award be made to C. W. Schmidt on their low bid of $27,991.00, subject to EPA's approval. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Authorization to Call for Bids - Pumper Fire Truck - Open Bids 24 November 1976 The City Manager recommended that specifications be approved for a Pumper Fire Truck and the Clerk of the Commission be authorized and directed to publish a "Call for Bids". It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the specifications be approved and the Clerk of the Commission be authorized and directed to publish a "Call for Bids" to be received on 24 November 1976 and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Authorization to Call for Bids - Three Police Cars - Open Bids 24 November 1976 The City Manager recommended that specifications be approved for three police cars and the Clerk of the Commission be authorized and directed to publish a "Call for Bids". It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the specifications be approved and the Clerk o-f the Commission be authorized and directed to publish a "Call for Bids" to be received on 24 November 1976, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Sale of a) b) c) d) e) Bonds: SID 561 - Paving, South 20th Avenue from College to Babcock Streets SID 562 - Storm Drain, South 23rd Avenue College to Babcock Streets SID 565 - Public Off-Street Parking Facilities SID 566 - Paving & Storm Drain, Remington Way SID 570 - Paving & Storm Drain, Figgin's Addition, Phase II - $250,000.00 - $320,000.00 - $750,000.00 - $ 21,000.00 - $320,000.00 The City Manager stated that according to the affidavit of publication, this was the time and place set for the bond sale of Special Improvement District No's. 561, 562, 565, 566 and 570. The Mayor and City Manager outlined the procedure for conducting this bond sale and stated the amount of bonds to be sold for each district would be the same as the advertised amount. The Mayor announced that the City was now ready to conduct bidding for the purchase of the bonds of SID No. 561, and that the City not accept any bids either sealed or oral bids above 8%. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the City proceed with the bidding of SID No. 561, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. The oral bid of D. A. Davidson & Company of Great Falls in the amount of 7.60%,having been the only bid submitted, the City Manager recommended that the sale of the bonds for Special Improvement District No. 561 in the amount of $250,000.00 be awarded to D. A. Davidson & Company. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the sale of the bonds for Special Improvement District No. 561 in the amount of $250,000.00 be awarded to D. A. Davidson & Company of Great Falls at 7.60%. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, None. 90 b) The Mayor announced that the City was ready to conduct blidding for the purchase of the bonds of SID No. 562. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the City proceed with the bidding of SID No. 562. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. The oral bid of D. A. Davidson & Company of Great Falls in the amount of 7.60%, having been the only bid submitted, the City Manager recommended that the sale of the bonds for Special Improvement District No. 562 in the amount of $320,000.00 be awarded to D. A. Davidson & Company. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the sale of the bonds for Special Improvement District No. 562 in the amount of $320,000.00 be awarded to D. A. Davidson & Company of Great Falls at 7.60%. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. c) The Mayor announced that the City was ready to conduct bidding for the purchase of the bonds of SID No. 565. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the City proceed with the bidding of SID No. 565. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. The following bidders presented their good faith checks as prescribed by the Notice of Sale: D. A. Davidson & Company of Great Falls First National Bank, First Security Bank, and Montana National Bank of Bozeman Oral bidding began and the final best oral bid was D. A. Davidson & Company of Great Falls in the amount of 6.70% plus a $100.00 premium. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the sale of the bonds for Special Improvement District No. 565 in the amount of $750,000.00 be awarded to D. A. Davidson & Company of Great Falls in the amount of 6.70% plus a $100.00 premium. The motion was carried by Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Co~~issioner Taylor, and Mayor Vollmer; those voting No, none. d) The Mayor announced that the City was ready to conduct bidding for the purchase of the bonds of SID No. 566. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the City proceed with the bidding of SID No. 566. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. There were no sealed bids and there was no one present to bid on bonds of SID 566 in the amount of $21,000.00. Upon the City Manager's recommendation, it was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the Commission authorize the City Manager to negotiate a sale for the bonds of SID No. 566 and bring the results of the negotiations back to the City Commission for their consideration. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. e) The Mayor announced that the City was ready to conduct bidding for the purchase of the bonds of SID No. 570. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the City proceed with the bidding of SID No. 570. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. The oral bid of D. A. Davidson & Company of Great Falls in the amount of 7.70% having been the only bid submitted, the City Manager recommended that the sale of the bonds for Special Improvement District No. 570 in the amount of $320,000.00 be awarded to D. A. Davidson & Company. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the sale of the bonds for Special Improvement District No. 570 in the amount of $320,000.00 be awarded to D. A. Davidson & Company of Great Falls at 7.70%. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Consideration of Construction Bids - SID's 561, 562, 566, 570 A letter from Mr. James Cummings of Thomas, Dean & Hoskins, Inc., the City's engineering consultants, was presented recommending that the award be made to Long Construction Company based on their low bid of $761,111.75, subject to the sale of the bonds. 1 I 1 1 1 1 The City Manager concurred with the above recommendation, and it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the award be made to Long Construction Company on their low bid of $761,111.75, contingent upon the sale of bonds for SID No. 566. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Request from University Mall Associates The City Manager brough to the Commission's attention the matter of University Mall's request to rescind the hookup of Main Mall to the City sewer system since the sale of bonds have just been awarded for SID No's 561 and 562. Following a short discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Taylor, that the Commission deny the request of University Mall, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Resolution No. 1832 - Disposition of Low Income Housing Site COMMISSION RESOLUTION NO. 1832 A RESOLUTION PROVIDING FOR THE DISPOSITION OF A PARCEL OF REAL PROPERTY OWNED BY THE CITY OF BOZEMAN, LOCATED WITHIN THE CITY LIMITS OF BOZEMAN, MONTANA, AND ACQUIRED THROGH THE PROCEDURES SET FORTH IN REGULATIONS COVERING COMMUNITY DEVELOPMENT BLOCK GRANTS ADMINISTERED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND MORE SPECIFICALLY THOSE REGULATIONS FOUND UNDER TITLE 24, CHAPTER V, PART 570. providing for the disposition of a parcel of real property owned by the City of Bozeman for $67,900.00 through the procedures set forth in regulations covering Community Development Block Grants was presented. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that Resolution No. 1832 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No being Commissioner Sedivy. Resolution No. 1833 - Intent to Create SILD 572 - Lighting in Block 4, Durston Subdivision and Block 12, Springbrook Addition COMMISSION RESOLUTION NO. 1833 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 572 FOR THE PURPOSE OF OPERATING AND MAINTAINING A LIGHTING DISTRICT TO LIGHT THE NORTH-SOUTH ALLEY IN BLOCK 4 OF THE BRUNTON- PALFFY REARRANGEMENT OF A PORTION OF DURSTON SUBDIVISION, AND BLOCK 12 OF THE SPRINGBROOK ADDITION, SAID LIGHTING SYSTEM TO BE INSTALLED AND PAID FOR BY THE MONTANA POWER COMPANY UNDER AUTHORITY OF AND IN CONFORMANCE WITH SECTION 11-2245 TO 11-2257 INCLUSIVE OF THE REVISED CODES OF MONTANA, 1947. prepared by the City Attorney as directed by the City Commission and to be known as Special Improve- ment Lighting District No. 572 for the purpose of operating and maintaining a light system to light the north-south alley in Block 4 of a portion of Durston Subdivision and Block 12 of the Springbrook Addition in the City of Bozeman, and to be installed by the Montana Power Company, was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Commission Resolution No. 1833 be passed and adopted and Wednesday, the 24th day of November, be the date set for public hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Sanitary Sewer Easement - Frank Bonn An Easement and Right of Way Agreement by and between Frank Bonn and the City of Bozeman for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a sanitary sewer line thereto upon and across the Southwest corner of Bonn's Second Subdivision, SW~, SE~, Section 7, T2S, R6E, City of Bozeman, Gallatin County, Montana; and containing a strip of land 40' x 40', was presented. Upon concurrence of the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Easement and Right of Way Agreement, having been executed by Frank Bonn, be approved and the Mayor and Acting Clerk of the Commission be authorized and directed to sign for the City. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. .~ '92 Application for Gambling Licenses: a) Gallatin 4-H Leaders Council - Bingo b) District #3 Montana Nurses Association - Raffle c) Programming Teams - MSU - Raffle The City Manager presented applications from the Gallatin 4-H Leaders Council, District #3 Montana Nurses Association and the Programming Teams of MSU. with the required fee, for one bingo and two raffle licenses. Upon recommendation of the City Manager, it was moved by Commissioner Taylor, seconded by Commis- sioner Vandeventer, that the Commission approve the applications for one bingo and two raffle licenses, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Application for Beer License - Pizza Hut of Bozeman The City Manager presented an application from the Pizza Hut, along with the required fee of $100.00 for a Beer License. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind. that the Pizza Hut, having met all requirements, be issued a Beer License, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Gift from Marguerite Kirk - ~ Share of Stock - Farmer's Canal Company of Gallatin County for Kirk Park The City Manager presented a letter from Marguerite Kirk enclosing a certificate for ~ share of the Farmer's Canal Company to insure the continuance of the small stream that runs through Kirk Park. Upon the City Manager's recommendation, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy. that the City accept the certificate which is thoroughly appreciated, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Assessments for 1976: a) Resolution No. 1829 - Assessing Street Lighting - b) Resolution No. 1830 - Assessing Street Sprink1ing- c) Resolution No. 1831 - Assessing Solid Waste Collection and Disposal P~ovisiona1 Passage - Hearing 3 November 1976 a) Commission Resolution No. 1829, levying assessment in the total amount of $22.043.12 for the $22,043.12 8,568.02 169,499.96 various lighting districts for the year 1976. was presented. COMMISSION RESOLUTION NO. 1829 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTION 11-2252, R.C.M.. 1947. It was moved by Commissioner Sedivy. seconded by Commissioner Taylor. that Resolution No. 1829 be provisionally passed and adopted and Wednesday, 3 November 1976, be set as the date for public hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. b) Commission Resolution No. 1830. levying assessment in the total amount of $8,568.02 for street sprinkling and cleaning for the year 1976 was presented. COMMISSION RESOLUTION NO. 1830 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN STREET SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN. COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY SEVENTY- FIVE PERCENT OF THE COST OF SPRINKLING STREETS WITHIN SAID STREET SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN FOR THE YEAR 1976. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that Resolution No. 1830 be provisionally passed and adopted and Wednesday, 3 November 1976, be set as the date for public hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. c) Commission Resolution No. 1831, levying the Solid Waste Collection and Disposal Assessment in the amount of $169,499.96 was presented. 1 1 I 1 1 1 COMMISSION RESOLUTION NO. 1831 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, SERVICED AND FROM WHICH GARBAGE WAS COLLECTED AND REMOVED DURING THE YEAR 1976, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Resolution No. 1831 be provisionally passed and adopted and Wednesday, 3 November 1976, be set as the date for public hearing, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Final Meeting of City Manager Harold A. Fryslie The Mayor and City Commission called attention to this as City Manager Harold A. Fryslie's final meeting. The Mayor and members of the Commission, as well as the City Attorney, paid high tribute to City Manager Fryslie for the outstanding service he has rendered to the City of Bozeman. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the meeting be adjourned, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. c~ ~~ :./'.- :t:,..... Llj, -_.~ aL..C.~-.. . ~VOLLMER, Mayor ---~ ATTEST: , /O~ )!xiA~~~{ DIANE KRUPINSKY, 6 Acting Clerk of the City Commission 93